I think the burden is on the software developer to figure out what they need to do legally. It might be inconvenient for them to require a separate download, and they'd have to make peace with it if they deliver the functionality in its entirety to you during the first sale.

If you're purchasing the "not pro" version for a much cheaper cost, and it is a functional program (basic things like Save not locked behind the paywall), having different tiers of paid features is fine. You were able to pick to have the lower tier features, even if you end up downloading the same exact files.

When it comes to hardware, if they've already installed the feature, they've already factored the cost of it into the purchase price. Your out the door cost includes that heated seat hardware, even if it's not a line item. And you don't have the option to have it removed for a discount (or get a lower car package). You only have the option to pay to use the thing that's already in your car or not to pay to use it.